‘Leaving Shaun Abrahams AS NPA Boss Will Cause More Damage’ – Lawyer

Post by Chika Udeh November 25, 2016

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A lawyer for the Helen Suzman Foundation & Freedom Under Law, David Unterhalter believes allowing Shaun Abrahams to remain in charge of the National Prosecuting Authority (NPA) will cause further damage to the country.

Unterhalter argued at the North Gauteng High Court that the National Director of Public Prosecutions should be suspended because his leadership implied that the NDPP is incompetent for his position.

In his argument, Unterhalter said by asking the NDPP to provide reasons that he should remain in his position,President Jacob Zuma was using a delay tactic in decision concerning the immediate removal of Shaun Abrahams

“It’s very much like a situation where you cannot put a pilot back into the cockpit. They have crashed this institution and yet they want to go back into the cockpit for an indeterminate period of time,” he told judge president Dunston Mlambo.

Unterhalter (On what President’s done); ‘You don’t ask people who are going to be inquired into, whether inquiry should be held’ #Abrahams

Like Freedom Under Law, the Helen Suzman Foundation maintained that Shaun Abrahams brought baseless criminal charges against Finance Minister Pravin Gordhan and two former Sars officials Oupa Magashula and Ivan Pillay. Hence he should be issued an immidiate suspension as due.

Unterhalter; ‘Suspension is the right answer. They’d be given a salary, therefore suffer no harm, won’t continue to do harm’ #Abrahams

Meawhile, a full bench of the high court in Pretoria on Thursday struck the Helen Suzman Foundation & Freedom Under Law’s application off the roll for lack of urgency with costs‚ including the costs of two counsel.

The Gauteng Judge President Dunstan Mlambo said the relief sought had the effect of the court straying into the executive terrain and this could lead to the violation of the separation of powers doctrine.

In the judgment‚ in which Deputy Judge President Aubrey Ledwaba and Judge Elizabeth Kubushi agreed to‚ Mlambo also said the courts should come against creating precedents where ordinary citizens are encouraged to use courts as a platform to dictate to the executive how to do its job.

“Now what really troubles me is that these are urgent proceedings where you want the judiciary to stray into executive terrain in circumstances where the executive say I’m doing something,” said Mlambo.